Victory in Anchoring Rights Case

[GordMay]

City of Stuart, FL apologizes to man arrested for anchoring for more than 10 days
Goto “Southwinds” magazine (page 32):
http://www.southwindsmagazine.com/pd...dsjune2008.pdf

Much More on Pro-Cruiser Anchoring Case in Stuart, FL:
Cruisers' Net - Florida Keys

[Southern Star]

Thanks Gord - great news indeed and, of course, kudos to the lawyer for taking on the case pro bono. As I recall from some earlier threads, some cities in Florida are imposing even shorter limitations on anchoring while refusing to recognize the potential risk to sailors who are forced to leave a protected anchorage in inclement weather. Will this bring other municipalites to their senses? I doubt it, but at least it is a start.

Brad

[jzk]

The article says he received a citation, but makes no mention of him being "arrested." Did he actually get arrested?

[Bradley]

A citation is the criminal charge. He probably wasn't handcuffed and taken to jail. It is like a speeding ticket, but it is still a criminal charge.

[jzk]

A speeding ticket is generally a civil infraction. Nevertheless, kudos to this guy for making Stuart follow Florida law which is very clear on this matter. People that anchor in Florida would do well to have a copy of the statute:

Florida Statute 327.60(2): ". . . local governmental authorities are prohibited from regulating the anchorage of non-liveaboard vessels engaged in the exercise of rights of navigation. . . ."

The state's definition of a "liveaboard" vessel, as stated in Florida Statute 327.02(16), is one that's "used solely as a residence."

Stuart tried to argue that if you sleep overnight on the boat you are "living" on it, but that is a bunch of nonsense as the court ruled. I would have your drivers license showing your actual residence. Show the cop the 2 statues and your license, and now this settlement. And if you could get the lawyer's card who handled this case, I bet you would all but guarantee yourself not to get a citation. Just say "here is the law, here is my attorney, I can't wait to get the settlement check from your municipality." Just be sure to have all your safety stuff in order.

If I only still lived in Fort Lauderdale, I would go set up camp in Lake Sylvia just to challenge the Fort Lauderdale police as well.

[imagine2frolic]

I just left South Beach Miami, and the police gave me a notice of 7 days. I had to actually sign it that I had been informed. They were courteous, and also explained that extensions are available for weather, arriving family etc. etc. I was also told numerous extensions are available.

Sooner, or later someone with time, and energy will beat these laws down. It's only a matter of time................

[Vasco]

The South Beach cops just go through the motions because they've been told to do so by their masters as opposed to the Ft. Lauderdale cops that really enjoy hassling cruisers in Lake Sylvia.

[Charlie]

Just for clairification the article is on page 34 of the PDF file and 32 of the magazine.

[dacust]

Originally Posted by jzk

Stuart tried to argue that if you sleep overnight on the boat you are "living" on it, but that is a bunch of nonsense as the court ruled. I would have your drivers license showing your actual residence. Show the cop the 2 statues and your license, and now this settlement. And if you could get the lawyer's card who handled this case, I bet you would all but guarantee yourself not to get a citation. Just say "here is the law, here is my attorney, I can't wait to get the settlement check from your municipality."

In the cruisersnet article, it says:

Regarding what constitutes a vessel "in navigation", the U.S. Supreme court in a 2005 decision, Stewart v. Dutra2, clearly stated that a vessel, once launched and placed in navigation, remains "in navigation" as long as it is "used, or capable of being used for maritime transportation on water...." The Supreme court stated that "... "in navigation" ... is an element of the vessel status of a water craft. It is relevant to whether the craft is "used, or capable of being used" for maritime transportation.
And, down at the bottom is this little jewel:

3 Florida Statute 327.02(17) "Live-aboard vessel" means: (a) Any vessel used solely as a residence; or (b) Any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence.

So, my interpretation of the statutes is that if it is capable of navigation, then it by definition is not being used solely for a residence. So, even if it is your primary residence, if it is capable of navigation it does not appear that constitutes a "live-aboard". I think to actually be legally a live-aboard, it would have to be incapable of moving on it's own power.

Therefore, the identification showing another address shouldn't be necessary. Doesn't mean I won't provide that in an effort to convince a law officer, though. So, it's a good suggestion.

As to "arrest", my understanding is that technically, when you get a speeding ticket, you are under arrest. You have just been released on your own recognizence at the descretion of the officer. He CAN take you to jail if he wants (he might get fired if he abuses this, but he'd be within his legal rights).

-dan